In other words, fusion centers are supposed the be the exact solution to the kind of gap in information sharing that may have, in part, led to the Marathon bombings.

Boston Regional Intelligence Center

Massachusetts has two fusion centers: the Commonwealth Fusion Center (CFC) and the Boston Regional Intelligence Center (BRIC). The latter in particular, run by the city, was a DHS-created clearinghouse whose number one priority was being aware of terrorist threats that could affect a city included in the 9/11 assault, via a hijacked airplane.

Yet, the BRIC was unaware of existing investigation and FBI reports relating to Tamerlan Tsarnaev. This, according to BRIC themselves, who claimed they weren’t “privy to the tip” that the FBI was investigating Tsarnaev as a potential threat in 2011.

Whether BRIC was caught flat footed or the FBI simply didn’t share the information is unclear. Spokesman David Procopio said that even if the FBI had put BRIC on notice that Tsarnaev was under examination, the fusion center was unlikely to highlight – and police were unlikely to act – as the FBI officially determined that he didn’t pose a threat.

In response, the FBI stated that direct communication to Boston police was unnecessary in light of the existence of the fusion centers, whose main function lie in access to information without the need to have it directly related by federal agencies. The Joint Terrorism Task Force (JTTF) in Boston, in particular, was pointed as a source from which the fusion center can pull information and connect the dots. The FBI was resolute that the information was available, if not easily accessible, to both BRIC and the CFC.

Perhaps there is a larger issue that obviates any point to the blame game. In 2012, a senate subcommittee studied the effects of fusion centers, determining that few of their positive effects overrode some of the negatives: from excessive costs to violations of civil liberties. For this reason, the ACLU of Massachusetts, among others, have increased calls to reconsider the use of fusion centers as a whole. If the information is otherwise available through the JTTF, and if law enforcement haven’t found it convenient and/or helpful to use fusion centers to access such information, wouldn’t it be easier to cut out the middle man – a middle man that arguably infringes on the most basic of civil liberties.

To the previous point, fusion centers are arguably best known for leading to racial profiling at the Logan International airport in Boston. They have also been criticized for blurring a line between public, private and military enterprise when it comes to combating terrorism, as well as mining data in contravention of basic individual privacy.

Failings aside, there just doesn’t seem to be the right impetus behind upholding a costly program that seems redundant, ineffective, and serves as no more than argumentative fodder between federal and local law enforcement looking for someone to blame.

 For questions of criminal law in Massachusetts, contact the Law Offices of Russell J Matson, PC.

The post Do Terrorism “Fusion Centers” Make You Feel Safer? appeared first on Massachusetts Criminal Defense Lawyer.

In 2012, Boston alone reported 1,575 stolen vehicles. While this figure is far better than those reported long ago, residents need to take every possible safety precaution to prevent this type of crime.

Safety Tips for Preventing Car Theft

Although most of us usually remember to always lock our cars — even when we expect to return to them in a very short span of time — many other safety tips are often forgotten or overlooked. Here are some of the most valuable ones.

• Always drive a vehicle with a properly operating anti-theft device or alarm system;
• Never leave any valuable items in plain view in your vehicle. Thieves are much more likely to try and break in and thwart your locking mechanisms when they see an expensive laptop, phone or other device that can be easily fenced;
• If my must leave a spare key in your vehicle, make sure you never leave it just under the seat or somewhere else where a crook might easily look;
• Always park your vehicle in a well-lit area or upscale garage with plenty of lighting;
• Although most cars have alarms to remind you, never leave your keys in the ignition, even if you only expect to be gone a short while;
• Keep your windows up and locked. Thieves often look for obvious ways to pry open windows to gain access to your car;
• If your car or truck doesn’t come with one, consider installing a high-tech tracking device so that if your vehicle is stolen, the police will have an easier time finding it for you;
• Never give others a spare set of your keys unless they’re close family members you trust

Car Models Most Likely to Be Stolen

According to a recent CNBC report, thieves aren’t always looking for the most expensive cars when trying to steal one and make money. In fact, they often choose older models that last a long time and frequently use many of the same parts found in newer models. Older vehicles are also attractive since they often lack the sophisticated anti-theft features common to many newer vehicles. The following list can alert owners to take extra safety measures when driving one of these favorite vehicles of today’s criminals.

• The Toyota Corolla
• The Ford Explorer
• Chevrolet Pickups
• The 2000 Dodge Caravan
• The 1994 Acura Integra
• The 1991 Toyota Camry
• The 1995 Honda Civic
• The 2004 Dodge Ram Pickup
• The 1997 Ford F-150 Pickup
• The 1994 Honda Accord

 Special Massachusetts Efforts to Prevent Car Thefts

Many residents appreciate the diligent efforts being made by the Governor’s Auto Theft Strike Force. Qualifying citizens who provide law enforcement with “information that leads to the arrest of a car thief, or the location of a ‘chop shop’” (where car parts are “harvested” and then later sold illegally) can net a cash reward of up to ten thousand dollars ($10,000.00). To participate in this program, just call 1-800-HOT-AUTO.

              By Elizabeth Smith

The post Grand Theft Auto in Massachusetts appeared first on Massachusetts Criminal Defense Lawyer.

At his arraignment in Boston Municipal Court, Horne pleaded not guilty to a charge of trafficking a Class B substance.  Trafficking is a felony offense, and Horne is facing serious penalties if convicted.

In a case such as this, Fourth Amendment and Fifth Amendment issues are central and critical.  Police need probable cause to search a person and his or her property.  However, the rules when a person is on a commercial bus are more nuanced.  The Supreme Court has ruled that police are allowed to search bus passengers without informing them of their right to refuse the search in the case United States v. Drayton.  In that case, the men actually had drugs taped to their bodies, but police were nonetheless allowed to search the men whose behavior police found suspicious.  Also in that case, the police were not required to tell the men that they had the right to refuse the search.  However, in this case, Horne did not have drugs on his body or in his bag.  The police found the drugs on the bus near where Horne was sitting.  If Horne goes to trial, Horne’s attorney may try to get the drugs excluded by saying that the search was a violation of the Fourth Amendment and that the seizure of the drugs was a violation of the Fifth Amendment.  However, this attempt may prove unsuccessful due to the Supreme Court’s ruling in United States v. Drayton.

Horne may have a defense by stating that the officers have no way of knowing whose pills were found on the floor of the bus. Officers reported that Horne “appeared nervous,” but that hardly means he is guilty.  Many people routinely ride Peter Pan buses, and Horne was not the only passenger on the bus at the time.  Additionally, the bus may not have been cleaned since the last time it was driven.  Horne’s attorney would need to find out how often the buses are cleaned.

This case is far from open and shut, and Horne has a number of potentially viable defenses.

Distributing or trafficking in illegal prescription drugs is a very serious charge with serious legal consequences. However, we have been successful in representing clients with similar charges in the past.

The post Trafficking a Class B Substance (Oxycodone) appeared first on Massachusetts Criminal Defense Lawyer.

According to MassLive.com, a former chemist in the state crime lab in Amherst pleaded innocent to charges that she mishandled evidence and even stole cocaine from that lab. In total, Sonja Farak faces four charges of larceny of drugs, four charges of evidence tampering, and two charges of possession of cocaine.

Sonja Farak (Don Treeger / The Republican)

Farak’s alleged crimes were discovered when fellow employees contacted State Police when they realized the lab’s inventory was off. She was arrested on January 19.

The consequences of Farak’s alleged actions are far-reaching. In March, eight men had their sentences suspended on the possibility that the drug evidence in their case had been compromised by Farak’s actions.

Although Farak’s actions could have a significant impact on these and potentially other cases, her legal troubles are quite minimal when compared with those of chemist Annie Dookhan from the Hinton State Laboratory Institute. Dookhan is accused of faking drug tests and tampering with evidence and faces 17 counts of obstruction along with eight counts of evidence tampering. Her alleged actions could put thousands of cases at risk.

Farak is out on bail but must submit to random drug tests and a curfew until her court date.

Crime labs like those where Farak and Dookhan worked are the clearinghouses of thousands of pieces of evidence every single month. The cases tied to this evidence depend on the integrity of the lab chemists as much as they do the police who collected them. When a chemist (or a cop) is accused of wrongdoing in relation to criminal evidence, it not only stands to cost them their career but can throw numerous cases into question.

If you are accused of a drug offense, you need to know that the evidence used against you is legitimate. An illegal search or improper handling of the evidence could result in your case being dismissed. Contact our offices today to discuss how we might be able to help.

The post Crime Lab Chemist Pleads Innocent Guilty to Drug Charges, More appeared first on Massachusetts Criminal Defense Lawyer.

In one word, drones.

Boston police commissioner Ed Davis said the city would consider the use of surveillance drones for next year’s marathon to assist law enforcement by providing an extra set of eyes to monitor the event. Speaking to WBZ News Radio 1030, Davis said that the use of drones is becoming a more common tactic across the country, and should be considered in Boston as well. He added, “there are certainly serious privacy concerns that we have to consider before we do something like that”.

The omnipotent presence imbibed in drone technology, with the ability to capture on-the-ground foot traffic and commotion as it hovers high above a scene, certainly has advantages when employed to assist an understaffed police force. Where thousands of individuals are clustered in a busy hub, the ability to monitor the scene for irregularities from an overhead visual source can help fill in blind spots. Davis himself mentioned that the drones would serve to compensate for a lack of helicopter surveillance, which Boston PD have not yet utilized at events like the marathon.

Still, with Davis himself admitting to the pervasive use of the technology nationwide, one wonders if drone implementation, even if done initially for worthwhile purposes, may quickly be abused, leading to spy planes flying over many of the city’s backyards and parks for a long time to come. After all, when have you heard of a police tactic, once employed – especially one as cost-effective and requiring such little manpower – becoming relegated to a “one use” policy. More likely, officials start to look for ways these helpful devices can be used to counter other crimes: drugs cultivation, possession of stolen items, even loitering.

The age-old debate of security versus privacy is complex and unlikely to be resolved in  a discussion over a radio interview. Yet, the fact that Boston residents are likely unfamiliar with both the capability and already-prevalent use of drones nationwide is precisely the reason employing such a tactic can lead to undesired results. If utilized, it is also likely to result in myriad legal questions and proceedings, cluttering up the courts and throwing into the criminal justice system people who’ve done nothing criminal (say, cultivating marijuana plants caught by a drone’s watchful eye).

Davis also admitted that drones would not be the only tool necessary to effect stricter and more efficient security measures at the marathon. Increasing eye-level street surveillance, he said, would help “get a better look at exactly who’s in the area”. As those familiar with drone technology would attest, drones can’t be used at eye-level (imagine runners and onlookers frustratingly struggling to swat at more than just bees and flies).

Every illicit measure of surveillance begins with positive intentions. Let’s hope this is not one such case.

The post Boston May Use Drones for 2014 Marathon, but is it a Slippery Slope? appeared first on Massachusetts Criminal Defense Lawyer.

How Some High-Profile Massachusetts Politicians Currently View Gun Control

• Massachusetts Governor Deval Patrick has proposed new legislation to better track weapon sales and the number of guns an individual can purchase each month, among other provisions;
• State Representative  David Linksy (D-Natick) has introduced new gun legislation containing 25 provisions, including limitations on monthly gun purchases and forbidding the sale of large capacity magazines;
• State Representative John Fernandes (D-Milford), who claims to be well versed on all sides of gun control issues, has not yet made any specific recommendations. Instead, he says he’s counting on members of the state’s Gun Control Task Force to provide meaningful guidance to lawmakers.

A Review of Key Issues Confronting Leaders on Gun Control Issues

• Many residents are worried about having their Second Amendment rights to own and use many different types of guns infringed – they claim there are few guarantees that new legislation will actually improve safety in Massachusetts;

•  Numerous questions remain about the best ways to handle background checks so that mentally ill individuals and those with criminal records can be properly excluded from gun ownership;
• Some Massachusetts residents are opposed to further limiting the number (and types) of guns (and the amount of ammunition) any one person can purchase during one month;
• Different views exist as to how “assault rifles” should be classified and reduced in availability;
• Others citizens question whether new age restrictions are necessary to control who should be allowed to purchase assault rifles and various types of gun paraphernalia

The Recent Federal Government Decision on Passing Stricter Gun Control Laws

The U. S. Senate’s recent decision to reject stricter gun control measures by a vote of 54 to 46 will probably lower the chances that many state legislatures will move forward aggressively to pass tighter gun control legislation. (Only Connecticut – where the recent school massacre took place has already passed new legislation this year.)

Conclusions

How Massachusetts will move forward with any of the new gun control measures proposed on Beacon Hill remains to be seen. All eyes should probably stay focused on the federal government’s moves to predict this issue. Talk of another vote at the federal level on gun control legislation may either never take place or prove unsuccessful – only time will tell.

By Elizabeth Smith

The post Status of New Gun Control Legislation in Massachusetts appeared first on Massachusetts Criminal Defense Lawyer.

Here’s a look at just three recent robberies that took place in Greenfield, West Acton and Milton.

Greenfield Corporative Bank

On March 13, a man wearing a ski mask and wielding a gun robbed the Greenfield Cooperative Bank. The suspect’s luck ran out early after a witness followed him leaving the bank and then gave his car license plate information to the police. This tip helped investigators later locate a number of items tied to the robbery at the home of the suspect’s girlfriend. Among other goods, police found a ski mask and clothing described by witnesses and some of the bank’s stolen marked bills.

Officers believe that the suspect, 38-year-old Richard May, also probably robbed the TD Bank on Main Street back on both February 17^th and March 3^rd.  Mr. May is currently being held on $500,000 bail and is due back in court on April 19.

Middlesex Bank Robbery

The Middlesex Bank on Massachusetts Avenue in West Acton was robbed on April 17. Police believe the incident is related to other recent robberies in the same area.

Law enforcement officers describe the suspect as armed and dangerous, although no one was injured during the commission of the crime. Witnesses said that a man carrying a gun entered the bank alone at about 2:30 PM. The suspect used the weapon while demanding that tellers give him money.

According to Police Chief Francis Widmayer, the accused robber was a young white male of medium build in his 20s. He wore blue jeans, a dark pullover shirt or sweater and tan work boots. The unidentified suspect was last seen running away from the bank on foot in the direction of Arlington Street.

CVS Pharmacy in Milton

On Saturday, April 13, a CVS Pharmacy in Milton was robbed by a Boston man. As the crime unfolded, the man approached the pharmacy area and demanded “a large amount of narcotics.” Upon exiting the store, the man jumped into a waiting vehicle driven by a woman. Witnesses said the car left northbound on Granite Avenue.

The police got a break on Sunday afternoon when a Massachusetts State Trooper stopped a vehicle which matched the description of the getaway car used on Saturday in the CVS robbery. The suspect was scheduled for arraignment on Tuesday, April 16.

If you’ve been accused of committing a robbery, theft or other crime, contact The Law Offices of Russell J. Matson to learn more about your rights and obtain legal representation. 

—

By Elizabeth Smith

The post Massachusetts Robbery Spree Continues appeared first on Massachusetts Criminal Defense Lawyer.

But it is clear that despite marijuana decriminalization, the war on drugs is still alive and well in Massachusetts.

Overly Casual College Students May Have Invited Cops Inside

Back during February, a number of Salem State University (SSU) students were allegedly busy handling marijuana in a Salem residence when a police officer came to the door. He was there to ask them to move their cars parked out front so that a street plow could remove snow.

Just prior to approaching this particular residence, the police had driven down the street with their lights and sirens on, asking people to move their cars. Since a number of vehicles remained in front of this one residence, an officer went to the door, prepared to simply ask if the cars could be moved.

According to the police, those inside responded to the knock on the door by simply saying, “It’s unlocked, come on in.”

When the policeman entered, he saw marijuana, baggies, cash and digital scales. After securing a search warrant and confiscating those items, all six of the people inside were arrested. It was later reported that an SSU representative confirmed that all those arrested were students.

Police Sergeant Harry Rocheville believes the students just thought he was “another customer” when they told him he could enter the residence.

A “Special Delivery” in Canton Leads to An Arrest

Also in February, the police received a tip about a large delivery scheduled for a place on Industrial Drive. When plainclothes officers were sent to the area, they saw a man (allegedly Thomas Jin Kim, 30) try to “take possession of nearly 300 pounds of marijuana.”

Canton Police Chief Kenneth Berkowitz, who has been employed by the force for 20 years said, “I can’t ever remember anything as big as this.”

The bail of the accused, Mr. Kim, was set at $1 million.

One New Yorker Was Just Passing Through the State

When pulled over in March during a traffic stop in Sturbridge, Massachusetts, one New Yorker had allegedly been speeding.  Cops soon learned that Carlos Vargas, 35, was driving while using a suspended New York license.                                                                                                        When officers searched his car, they reported finding: 1 pound of marijuana, 79 Percocet tablets, 250 grams of heroin and 200 grams of cocaine. According to one news source, Vargas was charged with “trafficking in cocaine and heroin, possession of marijuana with intent to distribute and possession of cocaine with intent to distribute.”

The police estimated the drugs’ value at about $41,000.

Worcester Bust Nets Five Accused

Also in March, police officers in Worcester followed a driver in a Toyota Avalon – thought to be used in drug deals – until it met up with a woman driving a Nissan Altima. The woman then left her car and allegedly entered the Avalon. She then returned to her own vehicle.

Believing they had just witnessed a drug deal, the police decided to maintain surveillance on both cars. When the Altima with a man and woman inside was pulled over, the police said they “saw hypodermic needles in the vehicle in ‘plain view.’” A bag of heroin was also found on one of the car occupants. Both the man and woman in the Altima were arrested.

After the events noted above, the police then pulled over the Toyota Avalon driver seen earlier. In it, law enforcement officers found six half-gram bags of heroin, a cell phone and $635 in cash. A woman and two men were then arrested.

After police searched the residences of the accused, additional drugs were found: 19 knotted bags of cocaine, 13 knotted bags of heroin, 6 Percocet pills and other drug sale paraphernalia. This bust resulted in a total of five arrests.

Should you ever be accused of any drug (or other) crime, remember that an attorney with the Law Offices of Russell Matson is always available to discuss your case.

By Elizabeth Smith

The post Massachusetts Continues to Pursue Numerous Drug Busts appeared first on Massachusetts Criminal Defense Lawyer.

Years later, several decisions appear to suggest that the court has not backed down from the principles underlying the Cruz decision.

In a series of rulings decided last week, the Supreme Judicial Court clamped down on officers who have continued the practice of searching automobiles on the basis of smelling marijuana, despite the Cruz decision. Massachusetts v. Pacheco concerned a state trooper who spotted fogged windows in the parked car of Antonio L. Pacheco. He knocked on the window, forcing Pacheco to open it, at which point the whiff of marijuana was immediate.

The smell of marijuana smoke is not a valid justification for a police search.

The court held that the trooper did not have probable cause to search the vehicle based on smell alone, and the result of the search – a small bag of marijuana along with an unlicensed handgun – were products of an invalid search. The trooper’s reasoning – accepted by the lower courts – that Pacheco was passing around a marijuana joint, and was therefore guilty of criminal distribution, was also rejected by the high court.

Justice Fernande R.V. Duffly crafted the decision, writing that the smell of “freshly burnt marijuana” inside a vehicle did not constitute the “articulable facts supporting a belief that any occupant of the vehicle possessed a criminal amount of marijuana”. The decision was met favorably by the American Civil Liberties Union of Massachusetts. The ACLU filed briefs in the case on behalf of Pacheco.

The court’s decision sheds light on the trend of marijuana enforcement over the last five years. In 2008, a state initiative aimed at decriminalizing marijuana up to an ounce was passed overwhelmingly, with 62% of the vote. The ensuing penalty for such possession was a civil fine, rather than criminal enforcement. The lack of palpable criminal behavior stemming from a car that smelled like marijuana, therefore, was one of the key factors cited in the Cruz decision.

Last November, voters went one step further, supporting a measure to legalize marijuana for medical purposes. The fact that a marijuana odor in a person’s vehicle may not only suggest legal behavior, but also behavior in line with an individual’s medical treatment as counseled by his or her physician, is certain to have been a factor in Pacheco decision. While state law on marijuana possession keeps moving forward, it would be grounds for further legal obfuscation if the Supreme Judicial Court went backwards.

Yet, despite the Cruz decisions, Massachusetts police have clearly not heard the message. Whether Pacheco drives the point home is yet to be seen. If you believe you were stopped and searched by a police officer on unlawful grounds, contact a criminal defense attorney today.

The post Massachusetts Courts Affirm that Smell of Marijuana is Not Grounds for Search appeared first on Massachusetts Criminal Defense Lawyer.

While the report, and the subsequent ire it raised, focuses on all levels of inequalities in the taxi industry, including the abuse by medallion owners of lower-costing insurance tactics, its ultimate finding can be summed up by President Harry Truman’s famous sentiment: the buck stops here.

In this case, the buck stops with Boston police.

Currently, the Hackney Carriage Unit of the Boston Police Department is responsible for regulating and enforcing the standards in place for taxi drivers throughout the city. The fact that the umbrella of the city’s largest law enforcement unit covers taxi practices makes it all the more egregious that drivers get slapped with endless fines while company owners blatantly violate police regulations without so much as a slap on the wrist.

Among other things, the Globe report found that drivers are often forced to resort to bribing medallion owners for the right to drive the vehicles, and incur a mountain of fees that they, rather than the owners, must pay to Boston PD. At the same time, medallion owners engaging in federal crimes, such as tax evasion, misappropriation of funds and bribery of city police, were allowed to maintain city-issued licenses.

The report also found that Mark Cohen, the official in charge of the Hackney division, did not understand the budgetary needs and financial issues in his own department. For this reason, and others, Boston Taxi Drivers Association organizer Donna Blythe-Shaw met the Mayor’s announcement with enthusiasm, calling Cohen’s oversight an “archaic, autocratic, oppressive, and dysfunctional regulatory system that wastes taxpayers’ dollars and diverts police from neighborhood policing”.

In theory, Menino is not opposed to getting Boston PD out of taxi regulation. He is calling for a top-to-bottom review of the department’s oversight practice. This includes hiring a “nationally recognized” industry specialist to immediately review the agency’s practices, as well as installing a civilian advisory board outside the department. Among other things, the board would be charged with resolving disputes between owners and drivers.

Still, for all the talk, it is not clear what will change in taxi regulation, and whether or not Hackney’s role in oversight will even be significantly diminished. Despite voluminous instances of bribery and incompetence highlighted by the Globe’s report, Menino has not stated the intention to move regulation to another agency. Rather, he stated such a move was merely an option his office may eventually recommend. Furthermore, there is no word whether Cohen, sharply maligned in the Globe report, will lose his powerful role as head of the division. As of right now, he is still in charge of regulating Boston’s taxis.

Cab drivers in the city are often immigrants, and overwhelmingly poor. Petty fines by uniformed police are not just a nuisance, but can mean the difference between two or three meals on a given day. If Menino makes good on his promise to reform the regulatory framework, it would mean medallion owners, not drivers, would have to pull their weight in giving their drivers the financial tools they need to continue providing stellar services while maintaining a decent living.

It remains to be seen what this current spotlight on Boston taxis will mean for cab drivers in the short term, vis a vis tickets or increased monitoring. If you believe you’ve been unfairly ticketed by Boston PD, you can’t count on Menino’s words and goals alone to protect your legal rights. Get in touch with a criminal defense attorney who will stand by your side.

The post Mayor’s Review of Boston Taxis Shows Why Police Shouldn’t be Regulators appeared first on Massachusetts Criminal Defense Lawyer.